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SBE Agenda for September 2013

Agenda for the California State Board of Education (SBE) meeting on September 4, 2013.
State Board Members
Secretary & Executive Officer
Executive Director

Schedule of Meeting

Location

Wednesday, September 4, 2013
8:00 a.m. Pacific Time ±

STATE BOARD OF EDUCATION
Public Session, adjourn to Closed Session. The Closed Session will take place at approximately 11:30 a.m.  (The public may not attend.)

California Department of Education
1430 N Street, Room 1101
Sacramento, California 95814
916-319-0827

The Closed Session (1) may commence earlier than 11:30 a.m.; (2) may begin at or before 11:30 a.m., be recessed, and then be reconvened later in the day; or (3) may commence later than 11:30 a.m.

Please see the detailed agenda for more information about the items to be considered and acted upon. The public is welcome.

CLOSED SESSION AGENDA

Conference with Legal Counsel – Existing Litigation: Under Government Code sections 11126(e)(1) and (e)(2)(A), the State Board of Education hereby provides public notice that some or all of the pending litigation follows will be considered and acted upon in closed session:

Conference with Legal Counsel – Anticipated Litigation:  Under Government Code sections 11126(e), the State Board of Education hereby provides public notice that it may meet in Closed Session to decide whether there is a significant exposure to litigation, and to consider and act in connection with matters for which there is a significant exposure to litigation.  Under Government Code sections 11126(e)(1) and (e)(2), the State Board of Education hereby provides public notice that it may meet in Closed Session to decide to initiate litigation and to consider and act in connection with litigation it has decided to initiate.

Under Government Code Section 11126(c)(14), the State Board of Education hereby provides public notice that it may meet in Closed Session to review and discuss the actual content of pupil achievement tests (including, but not limited to, the High School Exit Exam) that have been submitted for State Board approval and/or approved by the State Board.

Under Government Code Section 11126(a), the State Board of Education hereby provides public notice that it may meet in Closed Session regarding the appointment, employment, evaluation of performance, or dismissal, discipline, or release of public employees, or a complaint or charge against public employees. Public employees include persons exempt from civil service under Article VII, Section 4(e) of the California Constitution.

ALL TIMES ARE APPROXIMATE AND ARE PROVIDED
FOR CONVENIENCE ONLY

ALL ITEMS MAY BE RE-ORDERED TO BE HEARD ON
ANY DAY OF THE NOTICED MEETING

THE ORDER OF BUSINESS MAY BE CHANGED WITHOUT NOTICE

Time is set aside for individuals desiring to speak on any topic not otherwise on the agenda (please see the detailed agenda for the Public Session). In all cases, the presiding officer reserves the right to impose time limits on presentations as may be necessary to ensure that the agenda is completed.

REASONABLE ACCOMMODATION FOR ANY INDIVIDUAL WITH A DISABILITY

Pursuant to the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990, any individual with a disability who requires reasonable accommodation to attend or participate in a meeting or function of the California State Board of Education (SBE), may request assistance by contacting the SBE Office, 1430 N Street, Room 5111, Sacramento, CA, 95814; telephone, 916-319-0827; facsimile, 916‑319-0175.


CALIFORNIA STATE BOARD OF EDUCATION

FULL BOARD AGENDA
Public Session

September 4, 2013

Wednesday, September 4, 2013 – 8:00 a.m. Pacific Time ±
California Department of Education
1430 N Street, Room 1101
Sacramento, California 95814

AGENDA ITEMS

Item 1 (DOC)

Subject: Update on the Activities of the California Department of Education and State Board of Education Regarding Implementation of Common Core State Standards Systems.

Type of Action: Information


Item 2 (DOC)

Subject:  Mathematics Framework for California Public Schools: Kindergarten Through Grade Twelve, 2013 Revision: Update on the revision of the framework.

Type of Action:  Information


Item 3 (DOC)

Subject: Update on Statewide Assessment Transition and Smarter Balanced Assessment Development Activities.

Type of Action: Information


Item 4 (DOC)

Subject:  Federal Waiver Request Submittal for Title I, Part A of the Elementary and Secondary Education Act, for Flexibility in Assessment Administration Aligned with College- and Career-ready Standards for the 2013–14 School Year Only.

Type of Action:  Action, Information 


Item 5 (DOC)

Subject:  Assessment, Development and Administration Update, Including, but not Limited to, the 2012–13 Standardized Testing and Reporting Results, California High School Exit Examination Results, and the Accountability Progress Reporting System Release.

Type of Action:  Information


Item 6 (DOC)

Subject:  Local Control Funding Formula: Discussion of Proposed Changes to California’s Local Educational Agency and School Planning and Accountability System.

Type of Action: Action, Information


Item 7 (DOC)

Subject: Recommendation of a Method to Emphasize Student Mastery of Standards in Science and Social Science Through the Public School Accountability System or by Other Means as Required by Education Code Section 52052.9.

Type of Action: Action, Information


Item 8 (DOC)

Subject:  Proposals for Alternative Methods to the Decile Ranks as Required by Education Code Section 52052.9.

Type of Action: Information


Item 9 (DOC)

Subject:  Update on the English Language Development Standards Implementation Plan.

Type of Action:  Action, Information


Item 10 (DOC)

Subject:  Adoption of Next Generation Science Standards for California Public Schools, Kindergarten through Grade Twelve as the new Science Content Standards based upon the nationally developed Next Generation Science Standards (NGSS) as required by Education Code 60605.85. Included in the recommendation for adoption are the NGSS Appendices A through M.

Type of Action:  Action, Information


WAIVERS

WAIVERS / ACTION AND CONSENT ITEMS

The following agenda items include waivers that are proposed for consent and those waivers scheduled for separate action because CDE staff has identified possible opposition, recommended denial, or determined may present new or unusual issues that should be considered by the State Board. Waivers proposed for consent are so indicated on each waiver’s agenda item; however, any board member may remove a waiver from proposed consent and the item may be heard individually. On a case-by-case basis, public testimony may be considered regarding the item, subject to the limits set by the Board President or by the President's designee; and action different from that recommended by CDE staff may be taken.

Federal Program Waiver (Carl D. Perkins Career and Technical Education Improvement Act)

Item W-01 (DOC)

Subject: Request by four districts for a waiver of Section 131(c)(1) of the Carl D. Perkins Career and Technical Education Improvement Act of 2006 (Public Law 109-270).

Waiver Numbers:

(Recommended for APPROVAL)


Schoolsite Council Statute (Number and Composition of Members)

Item W-02 (DOC)

Subject: Request by thirteen local educational agencies, under the authority of California Education Code Section 52863 for waivers of Education Code Section 52852, relating to schoolsite councils regarding changes in shared, composition, or shared and composition members.

Waiver Numbers:

(Recommended for APPROVAL WITH CONDITIONS)


Special Education Program (Educational Interpreter for Deaf and Hard of Hearing)

Item W-03 (DOC)

Subject: Request by three local educational agencies to waive California Code of Regulations, Title 5, Section 3051.16(b)(3), the requirement that educational interpreters for deaf and hard of hearing pupils meet minimum qualifications as of July 1, 2009, to allow three educational interpreters to continue to provide services to students until June 30, 2014, under a remediation plan to complete those minimum qualifications.

Waiver Numbers:

(Recommended for APPROVAL WITH CONDITIONS)


Special Education Program (Resource Teacher Caseload)

Item W-04 (DOC)

Subject: Request by two local educational agencies, under the authority of California Education Code Section 56101 and California Code of Regulations, Title 5, Section 3100, to waive Education Code Section 56362(c). Approval of this waiver will allow the resource specialists at both agencies to exceed the maximum caseload of 28 students by no more than four students (32 maximum).

Waiver Numbers:

(Recommended for APPROVAL WITH CONDITIONS)


State Testing Apportionment Report (STAR)

Item W-05 (DOC)

Subject: Request by two local educational agencies to waive the State Testing Apportionment Information Report deadline of December 31 in the California Code of Regulations, Title 5, Section 11517.5(b)(1)(A), regarding the California English Language Development Test; or Title5, Section 1225(b)(2)(A), regarding the California High School Exit Examination; or Title 5, Section 862(c)(2)(A), regarding the Standardized Testing and Reporting Program.

Waiver Numbers:

(Recommended for APPROVAL)


Community Day Schools (CDS) (Colocate Facilities)

Item W-06 (DOC)

Subject: Request by two local educational agencies under the authority of California Education Code Section 33050, to waive portions of California Education Code Section 48661(a), relating to the colocation of a community day school with other types of schools and/or portions of California Education Code sections 48660 and 48916.1(d), relating to the allowable grade spans for community day schools.

Waiver Numbers:

(Recommended for APPROVAL WITH CONDITIONS)


Equity Length of Time (Equity Length of Time)

Item W-07 (DOC)

Subject: Request by Forestville Union Elementary School District to waive California Education Code Section 37202, the equity length of time requirement for transitional kindergarten and kindergarten programs at Forestville Union Elementary School.

Waiver Number: 28-5-2013

(Recommended for APPROVAL WITH CONDITIONS)


Out-of-State Use of Funds and Transportation Allowances

Item W-08 (DOC)

Subject: Request by Dunsmuir Joint Union High School District to waive a portion of California Education Code Section 35330(b)(3) to authorize expenditure of school district funds for students to travel to Oregon and Nevada to attend economically prudent curricular and extracurricular trips/events and competitions.

Waiver Number: 6-6-2013

(Recommended for APPROVAL)


School Construction Bonds (Bond Indebtedness Limit - Non-Unified after 2000)

Item W-09 (DOC)

Subject: Request by Weaver Union School District to waive California Education Code sections 15102 and portions of 15268 related to bonded indebtedness limits. Total bonded indebtedness may not exceed 1.25 percent of the taxable assessed valuation of property for elementary school districts. Depending on the type of bond, a tax rate levy limit of $30 per $100,000 of assessed value for elementary school districts may also apply.

Waiver Number: 23-5-2013

(Recommended for APPROVAL WITH CONDITIONS)


School District Reorganization (Elimination of Election Requirement)

Item W-10 (DOC)

Subject: Request by Bonsall Union Elementary School District to waive California Education Code Section 35103, that requires the election for the initial governing board of a newly formed school district to be held in March.

Waiver Number: 15-5-2013

(Recommended for APPROVAL)


School District Reorganization (Elimination of Election Requirement)

Item W-11 (DOC)

Subject: Request by Lodi Unified School District to waive California Education Code Section 5020, and portions of sections 5019, 5021, and 5030, that require a district-wide election to establish new trustee areas.

Waiver Number: 21-6-2013

(Recommended for APPROVAL)


Special Education Program (Algebra I Requirement for Graduation)

Item W-12 (DOC)

Subject: Request by Natomas Unified School District to waive California Education Code Section 51224.5(b), the requirement that all students graduating in the 2012–13 school year be required to complete a course in Algebra I (or equivalent) to be given a diploma of graduation, for five special education students based on Education Code Section 56101, the special education waiver authority.

Waiver Number: 20-6-2013

(Recommended for APPROVAL)


Class Size Penalties (Over Limit on Grades 1-3)

Item W-13 (DOC)

Subject: Request by 12 districts, under the authority of California Education Code Section 41382, to waive portions of Education Code sections 41376(a), (c), and (d) and/or 41378(a) through (e), relating to class size penalties for kindergarten through grade three. For kindergarten, the overall class size average is 31 to one with no class larger than 33. For grades one through three, the overall class size average is 30 to one with no class larger than 32.

Waiver Numbers:

(Recommended for APPROVAL WITH CONDITIONS)


Class Size Penalties (Over Limit on Grades 4-8)

Item W-14 (DOC)

Subject: Request by two districts to waive portions of California Education Code Section 41376(b) and (e), relating to class size penalties for grades four through eight. A district’s current class size maximum is the greater of the 1964 statewide average of 29.9 to one or the district’s 1964 average.

Waiver Numbers:

(Recommended for APPROVAL WITH CONDITIONS)


Quality Education Investment Act (Class Size Reduction Requirements)

Item W-15 (DOC)

Subject: Request by three local educational agencies to waive portions of California Education Code Section 52055.740(a), regarding class size reduction requirements under the Quality Education Investment Act.

Waiver Numbers:

(Recommended for APPROVAL WITH CONDITIONS)

END OF WAIVERS


Item 11 (DOC)

Subject: Subject: STATE BOARD PROJECTS AND PRIORITIES.

Including, but not limited to, future meeting plans; agenda items; and officer nominations and/or elections; State Board office budget, staffing, appointments, and direction to staff; declaratory and commendatory resolutions; bylaw review and revision; Board policy; approval of minutes; Board liaison reports; training of Board members; and other matters of interest. 

Type of Action:  Action, Information


Item 12 (DOC)

Subject: Subject: PUBLIC COMMENT. 

Public Comment is invited on any matter not included on the printed agenda. Depending on the number of individuals wishing to address the State Board, the presiding officer may establish specific time limits on presentations.

Type of Action:  Information


Item 13 (DOC)

Subject:  Approval of the Charter School Number Assigned to Newly Established Charter Schools.

Type of Action:  Action, Information


Item 14 (DOC)

Subject: Elementary and Secondary Education Act: Approval of Local Educational Agency Plans, Title I, Section 1112.

Type of Action:  Action, Information


Item 15 (DOC)

Subject: Elementary and Secondary Education Act: Supplemental Educational Services Providers: Approval of Additional Providers to the 2013–15 State Board of Education-Approved Supplemental Educational Services Provider List and Denial of an Applicant Based on Appeal.

Type of Action:  Action, Information


Item 16 (DOC)

Subject: Update on Issues Related to California’s Implementation of the Elementary and Secondary Education Act and Other Federal Programs: Fiscal Year 2012 School Improvement Grant Cohort 2 Fiscal Year 2012 Grant Award Notification; Title III Response to the Final Report Issued by the Student Achievement and School Accountability Programs Office.

Type of Action:  Action, Information


Item 17 (DOC)

Subject: Approve Changes to the State of California Consolidated State Application Workbook related to the Title III Accountability System in order to Comply with the Federal Title III Accountability Requirements.

Type of Action:  Action, Information


Item 18 (DOC; 1MB)

Subject:  Civic Center Act: Approve Commencement of the Rulemaking Process for Amendments to the California Code of Regulations, Title 5, sections 14037-14042.

Type of Action:  Action, Information


Because no relevant comments were received during the 15-day comment period, the regulations were forwarded to the Office of Administrative Law consistent with the State Board of Education’s action at the July 10-11, 2013 meeting. Therefore, the following item, Item 19, has been withdrawn by the California Department of Education.

Item 19 -- Withdrawn as of August 26, 2013

Subject:  Pupil Fees and Discrimination Complaints: Adopt Proposed California Code of Regulations, Title 5, sections 4600-4650.

Type of Action: Action, Information


Revised Item 20 (DOC; 2MB; Revised 03-Sep-2013)

Item 20 (DOC; 2MB)

Subject: Approval of 2013–14 Consolidated Applications.

Type of Action:  Action, Information

ADJOURNMENT OF MEETING


This agenda is posted on the State Board of Education’s Web site [http://www.cde.ca.gov/be/ag/]. For more information concerning this agenda, please contact the State Board of Education at 1430 N Street, Room 5111, Sacramento, CA, 95814; telephone 916-319-0827; facsimile 916-319-0175. Members of the public wishing to send written comments about an agenda item to the board are encouraged to send an electronic copy to SBE@cde.ca.gov, with the item number clearly marked in the subject line. In order to ensure that comments are received by board members in advance of the meeting, materials must be received by 12:00 Noon on Friday, August 30, 2013, the Friday before the meeting, due to the SBE office being closed on Labor Day, Monday, September 2, 2013.

Questions: State Board of Education | 916-319-0827 
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